TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms and conditions (the “TC”) are applicable upon all members of general public who are using www.loadmaal.com (the “Website”) owned by Loadmaal Info Logistics Pvt. Ltd. (the “Company”). These TC are also applicable upon all members of general public who use / visit / download the mobile application or other social media accounts owned, managed and operated by the Company (collectively called the “Mobile Application”).
The purpose of these TC is to ensure that:
- the members of general public use or visit or download the Website and the Mobile Application of the Company as per the terms contained hereunder; and
- the members of the general public use or avail the services through the Company’s platform (i.e. the Website and Mobile Application) as per the terms contained hereunder.
Through the Website and the Mobile Application (collectively called the “Platform”), the Company is engaged in the activities of providing services of offering a platform to various truck owners (including truck drivers, freight agents, brokers etc.) to offer their transportation services to public at large. On the other hand, the Company offers a platform to the various members of general public to avail the services of such truck owners to meet their personal requirements.
It is clarified that for the purposes of these TC, the term “User” of the Company’s Website and Mobile Application shall mean and include the members of the general public who are legally capable of entering into agreements in India including the transport vehicle drivers / transport vehicle owner / agent / broker (the “Service Provider”) and their customers (the “Client”).
By using the Website or the Mobile Application of the Company, the User acknowledges that the TC shall be applicable upon them, and that the User shall abide by the TC (whether or not the User has actually availed the services). The User also acknowledges and understands that the Company’s is merely offering a Platform for facilitating interaction between the Users, and as such the Company is not offering any transportation related services to the Users directly.
USER ACCOUNTS AND REGISTRATION
The User(s) of the Company’s Platforms understand and agree that they shall be required to create a profile / user account with the Company (the “User Account”) in order to be able to avail the services of the Platform. The creation and management of the User Account shall be as per the rules and terms of the Company, as updated by the Company from time to time.
- The User(s) shall, in order to create their User Account, shall provide certain information including but not limited to their full names, contact information along with other optional information as sought by the Company from time to time (the “Registration Data”).
- By accepting these TC, the User agrees and grants to the Company, a right to authenticate such Registration Data by such means deemed fit by the Company including but not limited to sending verifications emails / SMSes etc.
- The User(s) shall ensure that all the Registration Data provided by them to the Company is accurate and updated from time to time. In case the Registration Data is inaccurate or obsolete, the Company shall have a right to suspend or remove the User Account.
- A User shall operate only one User Account on the Company’s Platform and shall not use multiple accounts for any purposes whatsoever. In case any User Accounts are found to be operated by a single User, the Company shall have a right to indefinitely suspend all such User Accounts, and ban the associated Registration Data from creating any further accounts.
- The Company shall have a right to regularly inspect the User Accounts; and in case any of the User Accounts are found to use the Platform in any manner derogatory or prejudicial to the interests of the Company, the Company may suspend or remove such User Account.
- The User(s) agree and grant to the Company, the right to issue and share updates and notifications in respect of the services being availed by such User(s) from the Company’s Platforms. Apart from the above, the Company shall have a right to send to the User(s) promotional and marketing updates with the User(s), unless a User specifically requests otherwise.
THE SERVICE [Please cross reference this para with the para 2 of the Service Details and Pricing page]
Company’s is engaged in providing a Platform to the User(s) in order to enable User(s) to connect with each other as per their requirements. These User(s) may be a transport vehicle owner, transport vehicle driver, agents, brokers etc. Furthermore, such User(s) may also be the persons or clients who require to avail the services of such transporters.
The Company facilitates such Users to connect and match their requirements in the following manner:
- A transport vehicle owner may post a requirement of a transport vehicle driver on the Company’s Platform along with requisite details (such as dates, time commitment, travel routes, distance, proposed consideration, nature of shipment etc.). Once a transport vehicle driver offer his services to the said vehicle owner, the said owner shall be notified of such availability. The owner and the driver may connect with one another through the Platform and finalise the terms and requirements.
- A transport vehicle driver may post upon the Company’s Platform his availability for driving a transport vehicle along with details (such as available dates, consideration sought etc.). In case a transport vehicle owner is interested in engaging the services of the driver, the said driver shall be notified. The driver and the owner may connect with one another through the Platform and finalise the terms and requirements.
- A Client (including member of general public or established entities) may post their requirements of a transport vehicle upon the Company’s Platform along with requisite details (such as dates, time commitment, travel route, distance, proposed consideration, nature of shipment etc.). Once a Service Provider offer their services to the Client, the same shall be notified to the concerned Client. Thereafter, the Service Provider and Client may connect with one another through the Platform and finalise the terms and requirements.
- A Service Provider may post its availability on the Company’s Platform along with requisite details (such as dates, expected consideration, nature of the vehicle etc.). Once a Client expresses interest in availing the services to the Service Provider, the same shall be notified to the concerned Service Provider. Thereafter, the Client and the Service Provider may connect with one another through the Platform and finalise the terms and requirements.
In light of the description of Services of the Company (stated above), the User acknowledges and understands that the Company is not engaged in the activities of providing any services to the Users directly, and that Company only provides a platform to the Service Providers and Client to connect with one another. It is expressly made clear to the Users that the Company does not own any vehicle for logistics and transport purposes, nor does the Company employ any drivers for such vehicles.
Therefore, the Company expressly disclaims any responsibility or liability towards the acts or omissions committed by the Service Provider or the Client. As such, all Users (including the Service Providers and the Clients) acknowledge that the Company is not privy to the agreement and relation between the Service Provider and the Client. Hence, claims (if any) of the Service Provider against the Client (or vice versa) shall lie against one another, to the complete exclusion of the Company.
The Company shall make all commercially reasonable efforts to ensure that the requirements of the Service Providers and the Client are met through the Company’s Platform. However, nothing contained under these TC shall be deemed to mean an assurance / commitment / promise from the Company to ensure that the requirements of the User are fulfilled. The fulfilment of the requirements of the User shall depend on various factors (such as availability of the Service Provider or the Client), which shall not be the responsibility of the Company.
CONDITIONS OF USE
The following conditions of use shall be applicable upon all User(s) of the Company’s Platform:
- the User(s) shall ensure that any prohibited, restricted or illegal items (including but not limited to narcotics, weapons etc.) are not transported by the User;
- the User(s) shall ensure that all taxes, duties or levies payable for transportation (either inter-state or intra-state) are paid by the Service Provider or the Client (as per the their agreement and understanding);
- the Client shall ensure that it shares / discloses the complete details of the consignment with the Service Provider;
- the Service Provider shall ensure that the driver of each vehicle carries the requisite documents (relating to consignment, taxes etc.) with it;
- the Service Provider (including the driver) shall ensure strict adherence to the traffic rules and laws; and
- the User(s) shall mutually negotiate and agree in respect of the details of transportation such as loading and un-loading of the consignment, consideration, payment terms, loss in transit etc. The Company shall not be privy to such negotiations whatsoever.
Apart from the above, the following conditions of use shall be applicable upon all persons of general public (including the User) who visit the Company’s Website, Mobile Application or other social media accounts. All visitors to the Company’s Platforms shall ensure that:
- they have read and fully understood the terms contained under these TC, and agree to abide by the same;
- they shall not engage in any acts (including cyber actions) that may lead to impairment of the Company’s Platforms;
- they do not copy, use or modify in any manner, the contents or data of the Company’s Platform;
- they shall comply with the applicable law in discharge of their activities and services while using the Company’s Platform;
1. they shall share the requisite identification proof upon Company’s request; and
2. they shall not engage in any acts or omissions causing any harm or prejudice to the interests of the Company.
SUSPENSION / REMOVAL OF USER ACCOUNTS
In case of any breach by the User of the terms of these TC, the Company shall have a right to suspend the User Account for such time period as deemed fit by the Company. The Company may notify the User regarding the breach or default committed by the User, and call upon the User to rectify the same within a prescribed time period.
However, in case the Company is of the opinion that (a) the breach or default committed by the User is not rectifiable, OR (b) the User could not rectify the breach of default within the time period prescribed by the Company, the Company shall have a right to remove the said User Account.
The Company shall also have a right to remove and ban all the Registered Data associated with a removed User Account.
The Company expressly disclaims any claims or liability arising from such suspension or removal or User Account. The User understands and acknowledges that no such claims shall lie from him towards the Company.
The Company’s services of connecting the User(s) via the Platform are being provided on a free of cost basis to the User(s). In case a User requests any additional support from the Company, the Company may provide the same to the User upon charging an advance fee (which shall be communicated to the User beforehand).
Apart from the above, the Company also offers its paid services (called ‘Loadmaal PRO’). The pricing structure of the same (as updated from time to time) is available here.
Notwithstanding anything contained above, the Company may offer any of its services (including creating User Accounts on the Platform) to the User(s) upon charging a user fee. The terms and decision of the Company in this respect shall be final and binding upon all User(s). In case User(s) does not comply with the said payment terms, the Company shall have a right to suspend or remove such User Account.
APPLICABILITY OF OTHER COMPANY POLICIES
Any claims of whatever nature raised against the Company shall be limited to the amount of services offered by the Company to directly to the User. In case the User does not bring its claims to the Company within a period of thirty (30) days from the date when such claim first arose, the said User shall be said to have irrevocably waived his / her rights in respect of such claims.
The User shall indemnify and keep the Company indemnified against any and all losses, harms, damages, claims arising against the Company on account of the User’s misuse of the Platform of the Company.
INTELLECTUAL PROPERTY RIGHTS
All information, details, Website, algorithms, software code, logos, trademarks, trade names etc. displayed on the Website or Mobile Application are the intellectual property of (or belonging to) the Company. Nothing contained on the Company’s Platform or under these TC shall be deemed to grant any right to the Users to use, replicate, modify or develop, in any manner, the intellectual property of the Company.
Any commercial or non-commercial use of the intellectual property of the Company by any User or other persons (unless expressly allowed by the Company in writing) shall be an infringement of the Company’s rights. The Company shall have a right to initiate appropriate legal action against such persons including seeking injunctive relief and monetary damages.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Policy, its operation and interpretation shall be governed under the laws of India, with the courts at New Delhi having exclusive jurisdiction over all matters.
Notwithstanding the above, any dispute between the Company and the User shall be brought to the notice of the Company by way of the user care contact details mentioned below within thirty (30) days of such dispute coming to light. All such disputes shall be referred to the Company and its user care representatives who shall resolve the same as per the scope of these TC.
All disputes raised by the User shall be deemed to be finally resolved, with such resolution being binding upon the User, as per the final decision communicated to the User by the Company.
All communication by the User to the Company shall be made at the following contact details:
[Contact details for User]
All communication by the Company to the Customer shall be made via email, SMS and phone call to the contact details mentioned by the Customer at the time of placing their orders.